Judgment

DUTT, J.:- In these writ petitions, three categories of Staff Artistes of Doordarshan under the Ministry of Information & Broadcasting, namely, Cameraman Grade-II, Sound Recordist and Lighting Assistant / Lightman, have claimed that they should be declared as Government servants and should be given the same pay-scales as given to their respective counterparts in the Film Division under the same Ministry.

2. The Staff Artistes were originally appointed on renewable contracts for 3-4 years duration, but that practice has since undergone a change and they are now appointed up to the age of 55-60 years on a time-scale. They are, however, employed on contract basis till the age of 55-60 years, that is, the contract runs till the age of retirement as in regular Government service.

3. In 1973, the Third Central Pay Commission considered the pay-scales of the employees in the Film Division including those of the Staff Artistes. The Commission, however, excluded the cases of Staff Artistes from its consideration on the ground that they were not Government servants but contract employees. It may be stated at this stage that the emoluments that are paid to the Staff Artistes are termed as fees and the scales of pay are termed as Fee Scales, the reason being that they are contract employees and not Government servants.

4. By an order dated March 9, 1977, the Government revised the Fee Scales of the Staff Artistes in Doordarshan on the analogy of the recommendations of the Third Central Pay Commission made in respect of regular Government servants. The revised Fee Scales came into force with effect from January 1, 1973. It appears that up to the post of Cameraman Grade-II in Doordarshan, the same scales of pay of equivalent posts in the Film Division as per the recommendation of the Third Pay Commission were given, but from the stage of Cameraman Grade-II or Sound Recordist up to the post of Lighting Assistant / Lightman, the same pay-scales of equivalent posts in the Film Division were not given. The pay-scale of Cameraman under the Film Division is Rs. 650-960, while the pay-scale of the equivalent post of Cameraman Grade-I in Doordarshan was fixed at Rs. 550-900. Similarly, the pay-scale of Sound Recordist in Doordarshan was fixed at Rs. 425-750 instead of Rs. 550-900 as fixed in the case of the Sound Recordist in the Film Division. The pay-scale of Lighting Assistant / Lightman was fixed at Rs. 330-480, while the pay-scale of equivalent post in the Film Division, namely, Assistant Cameraman, was fixed at Rs. 425-750.

5. It is the case of the petitioners that the nature of work performed by them is similar to that performed by their counterparts in the Film Division. The qualifications required for appointment to these categories of Staff Artistes, are the same as required in the cases of their counterparts in the Film Division. In the circumstances, it is submitted by the petitioners that the said Government order dated March 9, 1977 is discriminatory and violative of Arts. 14 and 16(l) of the Constitution. Accordingly, in these writ petitions it has been prayed that the petitioners should be declared as Government servants and paid the same scales of pay as paid to their counterparts in the Film Division with effect from respective dates of their appointments.

6. The respondents have opposed the writ petitions by filing counter-affidavits. It has been averred in the counter-affidavits that the Staff Artistes of Doordarshan are not Government servants, but they are engaged on contract basis. It is submitted that as they are not of the same class as of the employees in the Film Division, they are not entitled to the same scales of pay. With regard to the Sound Recordists, petitioners in Writ Petition (C) No. 974 of 1978, it is the case of the respondents that there is no such post in the Film Division as "Sound Recordist". It is averred that in the Film Division, there are three posts, namely, the Chief Sound Recordist, the Recordist